Peter Holland’s Powerful Piece: Current Trends in Consumer Junk Debt Buyer Litigation

Here.  In the Maryland Bar Journal.  And here is the abstract: This article examines current trends in debt buyer litigation, including a review of recent regulatory actions and the impact of debt buyer lawsuits on individual consumers and on small claims courts. The article calls for a ban on the sale of consumer junk debt […]

11th Circuit affirms that debt collector can be liable under FDCPA for filing bankruptcy claim on time-barred debt

The U.S. Court of Appeals for the Eleventh Circuit yesterday affirmed its 2014 holding that a debt collector violates the Fair Debt Collection Practices Act when it files a proof of claim in a bankruptcy case on a debt that it knows to be time-barred. In this case, the debt collector argued that the earlier […]

ALTA Survey Finds Increase in Consumer Review of Mortgage Disclosures Under New TRID (TILA/RESPA) Disclosures

by Jeff Sovern A press release is here. ALTA is the American Land Title Association. I haven't read the study (I couldn't find the actual report of the study on the web site), but it reports an increase in consumers who read the mortgage disclosures from 74% to 92% since the TRID disclosures went into effect. The […]

Two for-profit colleges drop forced arbitration clauses

The Washington Post reports today that DeVry University and the University of Phoenix will stop using pre-dispute mandatory arbitration clauses that bar students from filing class-action lawsuits or otherwise taking their grievances to the courts. The story is here. In a related story, the Post recently explained that "It's almost impossible for students to sue […]

Holes in the federal overtime rules and the decline of unions

We discussed here the Department of Labor's new rule that will significantly expand the number of U.S. workers eligible for overtime pay. But, still, a much smaller percentage of U.S. workers are eligible for overtime today than were eligible in the past, and federal law categorically exempts many jobs from entitlement to overtime pay. (Some state laws […]

Chris Peterson Article on CFPB Enforcement

Christopher Lewis Peterson of Utah has written Consumer Financial Protection Bureau Law Enforcement: An Empirical Review, forthcoming in the Tulane Law Review. Here's the abstract: In the aftermath of the U.S. financial crisis, Congress created a new federal agency — the Consumer Financial Protection Bureau (CFPB) — with the goal of fashioning a more just […]

Politico: Uncovering the ‘astroturf’ firm behind the CFPB attack ads

Here. Excerpt: The campaign is being run by Lincoln Strategy Group, a political consulting firm Tempe, Ariz. Its founder, Nathan Sproul, has been linked to several instances of suspected voter fraud and barred from Republican Party contracts. The company also worked with Steve Gates, the only person previously identified with Protect America's Consumers, on the […]

Mesa, Arizona tells insurgent candidate not to put the city’s seal on his lawn signs

by Paul Alan Levy The city of Mesa, Arizona, has threatened suit against a local businessman, Jeremy Whittaker, who is running for city council in opposition to a longtime city employee who enjoys endorsements from several current elected city officials.  His offense?  His lawn signs and campaign literature include a single-color version of the city’s logo […]